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Meha Harish (Proprietor)     20 February 2015

Deficiencies in will

I find following irregularities in reg WILL of my Mother-in-Law by stating that her youngest son is executrix and sole beneficiery. She had 2 sons and a daughter and her husband is still alive. She made WILL in July'09 and died in Oct'09. Seek guidance to following points challanged by other family members in their caveat.

Youngest son filed probate in Oct'14. No family members were aware about the WILL till probate notices were received.

 

Limitation: Probate filed after 5 years of death of testatrix. Executrix requests condonation on grounds that although he was aware about the WILL but stumbled upon the original WILL after 5 years from his cupboard. Since the testatrix was patient of Advance cancer and bedridden (as per Doctors certificate attached to WILL docs), the executrix had organised the registrar to come home for registration formalities.

 

In whose possession  was the WILL after execution and registration and till  time of death and after the time of death. There is no mention in WILL as to who shall be in possession and who should open after death and read-out to which persons.

Right hand thumb impression on WILL instead of left hand (by Females) ???

 

Can a patient of advance cancer and totally bedridden at a age of 70+ be mentally fit to execute a WILL??

 

Details of assets not mentioned in WILL. It simply states that all I have is given to my youngest son.

 

In probate, the son attaches list of Bank accounts, flat, PPF account held singularly, jointly (with deceased wife) and HUF by his father. His mother was a housewife and had no income of her own and never filed I T returns. Her husband, as is customary, from his own income, included her name in flat, Demat & Savings accounts.

 

One of the witness is sister-in-law (Sali) of the executrix cum beneficiery. 

 

No receipt for fees paid to registrar for coming home to complete registration formalities is attached to WILL documents and there is no evidence to prove where the registration was done. Request letter to registrar to come home for registration formalities, because she is bedridden and patient of advance Cancer alongwith doctor's certificate is attached to WILL documents.

 

 

 

 

 

 

 

 



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 1 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     20 February 2015

Valid Will if made of her own acqired property only will have significance. If others r challenging, they will have share proportionately to other joint property.

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